Pierrepont v. Humphreys

COWART, Judge.

This case involves a determination of the physical extent of a homestead at the time of the homesteader’s death.

W. J. Newman died testate1 on January 7, 1969. Up to the time of his death, he lived as the head of a family consisting of himself and his second wife Sally Newman, the appellee, on a parcel of land that was contiguous, less than 160 acres and not in any municipality. Mr. Newman was survived by his wife Sally and seven adult children.

Of course, homestead property is not subject to devise if the owner is survived by spouse or minor children;2 it is excluded from the…